PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 February 1999                   
	DOCKET NUMBER:   AR1999018009

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his discharge order be revoked and he be transferred to the Retired Reserve.

3.  The applicant states that he should have been transferred and not discharged.

4.  The applicant’s available military records show that he enlisted in the Army Reserve on 5 December 1965.  He continued to participate as a USAR unit member and was promoted to pay grade E7 effective 27 April 1976.

5.  On 25 October 1981 he reenlisted for 6 years establishing his expiration of term of service (ETS) as 24 October 1987.  There is no documentation in the available record to show that he was ever denied reenlistment.

6.  On 24 March 1987 he was notified of his eligibility for retired pay at age 60.  The available record contains a form, dated 21 October 1987, on the applicant used for assignment and attachments.  The form contains all of the necessary personnel data on the applicant and states that the action to be taken is to honorably discharge him effective 24 October 1987 by reason of ETS.  It is signed by the unit commander.  The signature and date block for use by the applicant is marked “Not Applicable.”

7.  First Army Headquarters issued orders #169-6 on 27 October 1987 that discharged the applicant effective the same day under authority of Army Regulation 135-178.

8.  Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.

9.  Army Regulation 140-10 provides for assignments and transfers of USAR personnel.  Chapter 6 provides that a soldier who has completed a total of 20 years of qualifying service may transfer to the Retired Reserve at his own request.

10.  Army Regulation 140-111 provides policy for the Army Reserve reenlistment program.  It provides, in pertinent part, that a DA Form 4644-R (reenlistment data) will be used in the interview process to inform the soldier of his options.  There was no DA Form 4644-R in the available record to indicate that the applicant was advised of his options to include transfer to the Retired Reserve.

CONCLUSIONS:

1.  Notwithstanding that the applicant was discharged in accordance with regulations in effect at the time, there is no evidence of record to indicate that he was afforded the opportunity to reenlist in a Ready Reserve category or advised that he may transfer to the Retired Reserve.

2.  The applicant was in receipt of his eligibility for transfer to the Retired Reserve and it is reasonable to assume that he would have elected that option if afforded the opportunity.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by revoking the discharge order #169-6 of the individual concerned;

b.  by transferring him to the Retired Reserve effective 24 October 1987; and

c.  by affording him the opportunity to enroll in the survivor benefit program.

BOARD VOTE:  

__JMA___  __JLP___  __SC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James M. Alward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018009	
SUFFIX		
RECON		
DATE BOARDED	19990225	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.